No name check progress until visa is available

W

wyn

Registered Users (C)
Dear friends:
I called vermont service center today to do my monthly check on the status of my name check result (whether it is returned to the center or still with FBI). One lady told me that since my case is on visa hold shelf (waiting for priority date), nothing will be done on my case, even the name check. She said the name check result will expire if the visa is not available for a long time and FBI has to do it again if that happens. Therefore, FBI won't do name check until the visa is available. Have you guys heard the same thing or do you have examples to prove what this lady said is wrong? Thanks.

Here is my case:
I filled 140/485 (NIW concurrent) in April 2005. 140 was approved in June 2005. My finger printing results and everything were sent to FBI September 2005. Since my name check was not cleared quickly, I was pulled into the retrogression. My name check has been with FBI since then. After seeing the priority date has been moving relatively quickly in the last several months, I was hoping that my name check could be done before visa becomes available for my case. But this lady totally destroyed my fantacy.
 
I thought Name Check was done just once.Your exp means there will be multiple(definitely more then one if the case is pending for a long time due to PD issues).Anybody with more info on this?

Reagrds.
 
It seems to me reasonable that FBI has to do name check again if someone has to wait for priority date for a long time after the first name check was cleared. It is possible that someone may committ a crime during the long waiting period. This is just my guess.
 
This is an interesting issue - the impact of retregression on name check. I filed my 140/485 in mid Aug 05 - before retreogression, but then my PD was not current from Oct 2005 till 01 March 2006. When I called VSC in late 05, they said your case is on visa number hold and didn't want to talk about background check etc. Then in early April, I called and was told the case was on background check hold but they didn't give out any details. I would like to know when my name check was initiated - after filing 485 in 2005 or after PD became current in March 06. I guess contacting a congressman/senator is the only option left. If it started in Aug/Sept 2005 and hasn't cleared till now, then I guess I am in this for the long haul (2 yrs plus).
 
I got the impression everytime I spoke to the clerk that you would not get all the information you asked/requested, that's to say you got either one. In this case you either got NC status or just the case status and you could not have both sadly :(

If your PD is not current you are definitely on hold no matter whether your NC is still in progress or not. I don't believe your NC will be on hold till your PC is current as I do hear posters here talking about the time when the NC is initiated is 2 to 3 weeks right after you file your I-485. But I have yet to confirm with anybody whether NC has an expiration date on it. Of course one person did posted here saying his/her second NC was indeed initiated during his/her I-485 process.
 
wyn said:
Dear friends:
I called vermont service center today to do my monthly check on the status of my name check result (whether it is returned to the center or still with FBI). One lady told me that since my case is on visa hold shelf (waiting for priority date), nothing will be done on my case, even the name check. She said the name check result will expire if the visa is not available for a long time and FBI has to do it again if that happens. Therefore, FBI won't do name check until the visa is available. Have you guys heard the same thing or do you have examples to prove what this lady said is wrong? Thanks.

Here is my case:
I filled 140/485 (NIW concurrent) in April 2005. 140 was approved in June 2005. My finger printing results and everything were sent to FBI September 2005. Since my name check was not cleared quickly, I was pulled into the retrogression. My name check has been with FBI since then. After seeing the priority date has been moving relatively quickly in the last several months, I was hoping that my name check could be done before visa becomes available for my case. But this lady totally destroyed my fantacy.
Click to expand...
If USCIS already submitted request for namecheck, then FBI will probably process it as usual (depending on your luck, results will be sent to USCIS within few days to months to years!). Generally service centers do not tell you much if your PD is not current and I think that is what she was trying to tell you. To know the current status of your name check, you need to initiate a status enquiry (with FBI) through your congressman.
In my opinion, FBI doesn't care if you are current or retrogressed (it may not even know the meaning!!) and I am pretty sure USCIS will never bother to contact FBI regarding your name check when once it is submitted (unless you sue them!!). Namecheck and FPs does expire after 15 months I guess and in a way it is good to delay them till the PD is current (considering all the trouble one has to go through, if he/she is stuck).
Good luck,
 
Most agents are quite nice and patient. They would check the system, or even asked someone else if they did not know about my name check status. Most of the time, they can see from the system that my name check is still pending with FBI. You just have to ask specifically whether the name check result is back or not even though they will first tell you that your case is on visa hold shelf. One lady told me after she checked the systems that "one system showed that my name check is still pending and another systems is showing duplicated name check requests from FBI". She did not know what duplicate name check requests mean and went to ask someone else. Then she came back and explained that FBI could request more information for name check on later occassion or do multiple name checks due to expiration of previous name check. I know my case is never cleared because I check every month. Maybe it was for more information.
 
wyn said:
Most agents are quite nice and patient. They would check the system, or even asked someone else if they did not know about my name check status. Most of the time, they can see from the system that my name check is still pending with FBI. You just have to ask specifically whether the name check result is back or not even though they will first tell you that your case is on visa hold shelf. One lady told me after she checked the systems that "one system showed that my name check is still pending and another systems is showing duplicated name check requests from FBI". She did not know what duplicate name check requests mean and went to ask someone else. Then she came back and explained that FBI could request more information for name check on later occassion or do multiple name checks due to expiration of previous name check. I know my case is never cleared because I check every month. Maybe it was for more information.
Click to expand...
There is an effort going on now to do something about the name check. If interested, Please sign up at the yahoo group namechecktracker@yahoogroups.com
as well as immigrationvoice.org
Good luck,
Toxsci.
 
Name Check and Retrogression

Dear Friends:
This is an interesting issue. I filed mine (concurrently) under EB1 category at VSC on 06/05. I was under the impression that once you file concurrently they submit it for the name check, and other checks. Even after retrogression kicked in all other processing on the 485 happens in the background, and only the final adjudication is dependent on the PD becoming current. Let me know if what I'm thinking is true or whether it is just my illusion and we are in for the long haul even if the PD becomes current.

Thanks

AR
 
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